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The DR 0172 Colorado form is a Contractor Application for Exemption Certificate, designed to assist contractors in obtaining tax exemptions for specific construction projects. This form is essential for those looking to purchase building materials without incurring sales tax, but it comes with strict guidelines and requirements. Understanding the nuances of this form can help ensure compliance and avoid potential penalties.

The DR 0172 form is a crucial document for contractors seeking an exemption certificate in Colorado. This form allows contractors to purchase construction and building materials for exempt projects without incurring sales tax. However, it is essential to understand that this exemption does not extend to equipment, supplies, or materials that do not become part of the structure or public works owned by the exempt organization. Each contract requires a separate certificate, and subcontractors will not receive their own certificates; instead, the prime contractor is responsible for issuing copies to their subcontractors. Accurate completion of the form is vital, as any errors can lead to denial of the application. Additionally, the form mandates the inclusion of specific information, such as the exempt organization’s details, the project site, and key dates. Contractors must also declare the truthfulness of their statements under penalty of perjury. As procedures have changed, prime contractors must retain original certificates and maintain copies for audits. Understanding these requirements is critical for compliance and successful project execution.

Document Example

Departmental Use Only

DR 0172 (08/30/13)

ColorAdo dEpArtmEnt oF rEvEnuE

Denver CO 80261 - 0009

(303) 238-SERV (7378)

Contractor Application for Exemption Certiicate

Pursuant to Statute

*130172==19999*

 

§ 39-26.708(1),(2),&(3)

 

The exemption certiicate for which you are applying must

Any unauthorized use of the exemption certiicate will result

be used only for the purpose of purchasing construction and

in revocation of your exemption certiicate and other penalties

building materials for the exempt project described below. This

provided by law.

exemption does not include or apply to the purchase or rental of

 

equipment, supplies, and materials which are purchased, rented,

A separate certiicate is required for each contract.

or consumed by the contractor and which do not become a part

 

of the structure, highway, road, street, or other public works

Subcontractors will not be issued Certiicates of Exemption by

owned and used by the exempt organization.

the Department of Revenue. It is the responsibility of the prime

 

contractor to issue certiicates to each of the subcontractors.

 

(See reverse side.)

Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009

Failure to accurately complete all boxes will cause the application to be denied.

Contractor/Account No. (Leave blank if iling for the irst time)

89-

Period (MM/YY-MM/YY)

_

Contractor Information

Trade name/DBA

Owner, partner or corporate last name

 

 

 

 

First Name

 

 

 

 

 

 

 

 

Middle Initial

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing Address

 

 

 

City

 

 

 

 

 

State

Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E-Mail Address

 

 

 

 

 

FEIN

 

Bid amount for your contract

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fax number

 

Business Phone number

 

Colorado withholding tax account number

(

)

 

(

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exemption Information

Copies

of contract or agreement page, identifying the contracting parties, bid amount,

 

 

type of work, and signatures of contracting parties must be attached

 

 

 

Name of exempt organization (as show on contract)

 

 

 

 

 

 

Exempt organization's number

 

 

 

 

 

 

 

 

 

 

 

 

 

98

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address of exempt organization

 

 

City

 

 

 

 

 

State

 

Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Principal contact at exempt organization-Last Name

 

 

First Name

 

 

 

 

 

 

 

 

Middle Initial

 

 

 

 

 

 

 

 

 

 

 

 

 

Physical location of project site (give actual address when applicable

and Cities and/or County (ies) where project is located)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

 

 

State

Zip

 

Principal contact's telephone number

 

 

 

 

 

 

 

 

 

 

 

 

(

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Scheduled construction start date (MM/DD/YY)

 

 

 

Estimated completion date (MM/DD/YY)

 

 

 

 

 

I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge.

Signature of the business owner, partner or corporate oficer

Title of corporate oficer

Date (MM/DD/YY)

(DO NOT WRITE BELOW THIS LINE)

Special notice

Contractors who have completed this application in the past, please note the following changes in procedure:

The Department will no longer issue individual Certiicates

of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certiicate on exempt projects.

Upon receipt of the Certiicate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by illing in the subcontractor's name and address and signing it.

The original Certiicate should always be retained by the prime contractor. Copies of all Certiicates that the prime

contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an

audit.

Once an 89# has been assigned to you, please use the next ive numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. do not enter what you believe to be the next in sequence as this may delay processing of your application.

Documents used along the form

The DR 0172 form is an essential document for contractors seeking exemption from sales tax for specific construction projects in Colorado. However, it often accompanies several other forms and documents that help ensure compliance and facilitate the exemption process. Below is a list of these related documents, each serving a distinct purpose.

  • DR 0173 - Contractor's Exemption Certificate: This certificate is issued to prime contractors after they complete the DR 0172 form. It allows them to purchase materials for exempt projects without paying sales tax.
  • DR 1002 - Colorado Sales Tax License Application: Contractors must complete this application to obtain a sales tax license, which is necessary for collecting and remitting sales tax on taxable sales.
  • DR 0550 - Colorado Retail Sales Tax Return: This form is used by contractors to report and pay any sales tax collected during the reporting period, ensuring compliance with state tax laws.
  • Form W-9 - Request for Taxpayer Identification Number: Contractors may need to provide this form to clients or exempt organizations to certify their taxpayer identification number, which is important for tax reporting purposes.
  • Form 1099-MISC - Miscellaneous Income: This form is often issued to subcontractors by prime contractors to report payments made during the year, especially if those payments meet the IRS reporting threshold.
  • DR 0400 - Colorado Department of Revenue Tax Exemption Certificate: This document is used by exempt organizations to prove their tax-exempt status when making purchases, including those related to construction projects.
  • Contractor Agreement: A written agreement between the contractor and the exempt organization outlines the terms of the project, including scope, payment, and responsibilities, which is crucial for the exemption process.
  • Subcontractor Agreements: These agreements define the relationship between the prime contractor and any subcontractors involved in the project, ensuring clarity on roles and responsibilities.
  • Project Plans and Specifications: Detailed plans and specifications for the construction project may be required to substantiate the nature of the work being performed under the exemption.

Each of these documents plays a vital role in the process of obtaining and maintaining exemption status for construction projects in Colorado. By understanding and preparing the necessary forms, contractors can ensure a smoother experience and compliance with state regulations.

How to Fill Out Dr 0172 Colorado

Completing the DR 0172 form is an important step for contractors seeking an exemption certificate in Colorado. Following these instructions will help ensure that the form is filled out correctly and submitted without issues. Gather all necessary information before starting, as accuracy is crucial.

  1. Obtain the DR 0172 form from the Colorado Department of Revenue website or through their office.
  2. Leave the Contractor/Account No. field blank if this is your first time filling out the form.
  3. In the "Period" section, enter the start and end dates of the contract in MM/YY format.
  4. Fill in the Contractor Information section:
    • Trade name/DBA
    • Owner, partner, or corporate last name
    • First name
    • Middle initial
    • Mailing address
    • City
    • State
    • Zip code
    • E-mail address
    • Fax number
    • Business phone number
    • Colorado withholding tax account number
  5. In the Exemption Information section, attach copies of the contract or agreement page that includes:
    • Contracting parties
    • Bid amount
    • Type of work
    • Signatures of contracting parties
  6. Fill in the name of the exempt organization as it appears on the contract.
  7. Provide the exempt organization's number and address, including city, state, and zip code.
  8. List the principal contact at the exempt organization, including their last name, first name, and middle initial.
  9. Enter the physical location of the project site, including the actual address.
  10. Indicate the cities and/or counties where the project is located.
  11. Provide the principal contact's telephone number.
  12. Fill in the scheduled construction start date and estimated completion date in MM/DD/YY format.
  13. Sign the form, declaring that the information provided is true and complete.
  14. Include your title if you are a corporate officer.
  15. Write the date of signing in MM/DD/YY format.
  16. Submit the completed form to the Colorado Department of Revenue at the specified address.

After submitting the form, keep a copy for your records. It’s essential to retain all documentation related to the exemption for at least three years, as it may be required for inspection during an audit.

Similar forms

The DR 0172 Colorado form is similar to the IRS Form 4506-T, which is used to request a transcript of tax returns. Both forms require accurate information about the applicant and the purpose for which the information is being requested. Just as the DR 0172 seeks to ensure that exemption certificates are used appropriately for construction materials, the 4506-T ensures that tax return information is only accessed by authorized individuals for legitimate purposes. Each form emphasizes the importance of compliance and the consequences of misuse.

Another document that shares similarities with the DR 0172 is the Colorado Sales Tax Exemption Certificate (Form DR 0563). This form allows certain organizations, such as nonprofits or government entities, to purchase goods without paying sales tax. Like the DR 0172, it requires detailed information about the organization and the specific purpose of the exemption. Both forms are designed to prevent unauthorized use and ensure that the exemptions are applied correctly and only for eligible purchases.

The Contractor's Affidavit of Exemption is also akin to the DR 0172 form. This affidavit is often used in construction projects to affirm that certain materials or services are exempt from sales tax. Similar to the DR 0172, it requires the contractor to provide information about the project and the exempt organization. Both documents serve to protect the interests of the state by ensuring that only qualifying projects benefit from tax exemptions.

The IRS Form W-9, which requests taxpayer identification information, bears resemblance to the DR 0172. Both forms require the submission of accurate identification details to avoid penalties. While the W-9 is used primarily for tax reporting purposes, the DR 0172 focuses on tax exemption for construction materials. Each form underscores the importance of providing truthful and complete information to avoid legal repercussions.

The Certificate of Exemption for Property Tax (Form 104) is another document that aligns with the DR 0172. This certificate is used to claim exemptions from property taxes for specific types of property. Similar to the DR 0172, it necessitates the completion of detailed information regarding the property and the reason for the exemption. Both forms aim to ensure that tax benefits are granted only to eligible entities and projects.

The Application for Sales Tax Exemption (Form DR 0564) is closely related to the DR 0172. This application is utilized by businesses seeking to obtain sales tax exemption for specific purchases. Like the DR 0172, it requires comprehensive information about the business and the intended use of the exemption. Both forms highlight the necessity of proper documentation and adherence to regulations to prevent misuse of tax exemptions.

Lastly, the Certificate of Exemption for Nonprofit Organizations (Form DR 0565) is similar in purpose to the DR 0172. This certificate allows qualifying nonprofit organizations to make tax-exempt purchases. Both forms require verification of the organization’s status and the intended use of the exemption. They serve to ensure that tax benefits are only extended to legitimate organizations engaged in qualifying activities.

Frequently Asked Questions

What is the purpose of the DR 0172 Colorado form?

The DR 0172 form is a Contractor Application for Exemption Certificate. It allows contractors to purchase construction and building materials without paying sales tax for specific exempt projects. The exemption is strictly for materials that become part of the structure and does not extend to equipment or supplies that are not incorporated into the project.

Who is eligible to apply for the exemption certificate?

Only prime contractors can apply for the exemption certificate. Subcontractors will not receive individual certificates from the Department of Revenue. Instead, the prime contractor is responsible for issuing certificates to each subcontractor involved in the exempt project.

What information must be provided on the form?

Applicants must complete various sections, including:

  • Contractor information (name, address, contact details)
  • Exemption information (name and address of the exempt organization)
  • Details about the project (location, scheduled start and completion dates)
  • Bid amount for the contract

Additionally, copies of the contract or agreement must be attached to the application.

What happens if the application is incomplete?

Failure to accurately complete all sections of the DR 0172 form will result in the denial of the application. It is crucial to double-check all entries before submission to avoid delays.

How should completed forms be submitted?

Once the form is completed, it should be sent to the Colorado Department of Revenue at the specified address: Denver, CO 80261 - 0009. Ensure that all necessary documents are included to facilitate processing.

What is the significance of the contractor account number?

The contractor account number is essential for identifying the contractor within the Department of Revenue's system. If this is the first application, leave the field blank. For future applications, use the assigned number followed by the next five digits in sequence.

How long should records of issued certificates be kept?

Prime contractors must retain copies of all exemption certificates issued to subcontractors for a minimum of three years. These records should be available for inspection in the event of an audit by the Department of Revenue.

What should be done if there are changes in procedure?

Contractors who have previously completed this application should be aware of changes in procedures. The Department no longer issues individual certificates to subcontractors. It is the responsibility of the prime contractor to manage the distribution of certificates to ensure compliance.

Dos and Don'ts

When filling out the DR 0172 Colorado form, there are several important guidelines to follow. Here’s a list of things you should and shouldn’t do:

  • Do ensure all required fields are completed accurately.
  • Do attach copies of the contract or agreement page as specified.
  • Do provide the correct name and address of the exempt organization.
  • Do retain the original Certificate of Exemption for your records.
  • Don't leave any boxes blank, as this may lead to denial of your application.
  • Don't submit the form without checking for errors or omissions.
  • Don't attempt to use the exemption certificate for unauthorized purchases.
  • Don't forget to keep copies of all certificates issued to subcontractors for at least three years.